This online Terms and Conditions describes how Chromacode(Chromacode Services Pty Ltd 44 155 489 642) collects, uses and safeguards your personal information from our site.
By placing any written, verbal or electronic purchase order with Us (“Order”), in accordance with these Trading Terms, for goods supplied by Us (“Goods”), you accept these Trading Terms in your own right and on behalf of any Related Bodies Corporate, collectively referred to in these Trading Terms as “You” and “Your” means belonging to You.
In these Terms and Conditions:
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Completion” means completion of the Project, but does not include the provision of Customer content unless otherwise specifically stated in the Quotation and/or Proposal.
“Credit Account” means a customer account with Chromacode Printing created by filling out a New Customer Credit Account Application Form.
“Chromacode Printing” means Chromacode Printing Pty Ltd (ABN 55 658 215 792) and Chromacode Printing Alice Springs Pty Ltd (ABN 79 639 424 294).
“Customer” means any person, corporation or other legal entity who has set up a Credit Account with Chromacode Printing.
“Goods and/or Services” includes all goods and/or services supplied by Chromacode Printing to the Customer including all relevant materials and any branding and design services, copywriting, website design and development, email marketing, or any other good or service offered to and supplied from time to time to the Customer by Chromacode Printing.
“Invoice” means a tax invoice for Goods and/or Services supplied by Chromacode Printing to the Customer.
“Project” means the Goods and/or Services to be supplied by Chromacode Printing as detailed in a Quotation and/or Proposal issued by Chromacode Printing to the Customer (and including any agreed variation to such Quotation and/or Proposal).
“Proposal” means a written proposal for the supply of Goods and/or Services and completion of Project issued by Chromacode Printing to the Customer and which includes a Quotation.
“Quotation” means a written quotation for the costs of supplying the Goods and/or Services (including material, labour and other applicable costs) issued by Chromacode Printing to the Customer.
“Terms and Conditions” means these terms and conditions which are applicable to the supply of the Goods and/or Services by Chromacode Printing to the Customer.
1.1 No contract shall arise between Chromacode Printing and a Customer unless and until the following occurs:
1.1.1 The Customer completes a “Customer Credit Account Application Form” and the form is accepted by the Chromacode Printing.
1.1.2 Chromacode Printing has provided a Quotation and/or Proposal to the Customer based on the brief and or instructions provided by the Customer; and
1.1.3 The Customer accepts the Quotation prior to its expiration date and/or Proposal by placing an order, instructing Chromacode Printing to proceed and/or by paying any upfront fees as agreed between the parties.
1.2 Quotes/Proposals are valid for a period of 30 days from their date of issue. Quotes will be deemed accepted upon the Customer placing an order and/or instructing Chromacode Printing to proceed with the Project.
1.3 Prices included in Quotations and Proposals are based on Chromacode Printing’s current cost of production, (materials, labour, machine time etc). If the price of any component such as labour, materials or production costs increases between the date of the Quotation and the Completion Date, Chromacode Printing reserves the right to vary the amount payable to reasonably reflect the increase in costs incurred by Chromacode Printing.
1.4 In the event that a Quotation/Proposal is required to be varied, Chromacode Printing will give notice, via telephone call or email, to the Customer in accordance with the information provided on their customer credit account. The Customer will have the right to terminate the agreement in writing and cease the work if such notice is issued by Chromacode Printing, subject to the payment of all costs for work performed by Chromacode Printing up to the date of such termination.
1.5 By submitting a “Customer Credit Application Form” you authorise Chromacode Printing to make inquiries into the trade references that you have supplied.
2.1 All costs and Quotations given to Customers are based on the reasonable costs required to carry out the work (including labour, materials, production costs etc.). Where requested, Chromacode Printing may consider a credit arrangement with a Customer.
2.2 All credit extended to a Customer may be reduced or eliminated in the event that Chromacode Printing Pty Ltd, in its reasonable discretion, determines that the applicant’s financial situation or ability to pay is impaired.
2.3 The Customer will be liable for any goods and services tax payable on the supply of Goods and/or Services by Chromacode Printing to the Customer. Goods and services tax will be charged in addition to costs and fees and will be itemised in the Invoices.
3.1 All cash-sale Invoices will be payable COD on pickup with credit and debit card payment facilities being available, unless prior credit arrangements have been agreed with Chromacode Printing.
3.2 All credit arrangements will require Chromacode Printing’s Customer Account Application form to be completed and approved by Chromacode Printing. All credit provided to a Customer must be paid in full within 7, 14 or 30 days from the date of the Invoice, depending on the agreement with Chromacode Printing.
3.3 Chromacode Printing reserves the right to request that a deposit be paid by the Customer for certain Goods or Services requested. Any deposit specified by Chromacode Printing must be paid by the Customer on the date of acceptance of the quote. The amount of deposit will vary with the Goods and/or Services to be provided.
3.4 Chromacode Printing will issue Invoices at Completion of the Project for the price specified in the Quotation plus any additional charges referred to in these Terms and Conditions. If the Project is lengthy, Chromacode Printing may at its sole discretion issue interim Invoices on either a monthly basis or such other period by reference to the work performed to that date as reasonably calculated by Chromacode Printing by reference to the amount or nature of the work performed.
3.5 Chromacode Printing reserves the right to require that the Customer must pay in advance, before a Good or Service has been provided depending on the nature of the work performed.
3.6 Trading terms exceeding 45 days, credit will be withdrawn until such time as the account is paid and may incur interest charges. All orders within the Chromacode Printing system will be held pending payment of the outstanding account.
4.1 Any claims against Chromacode Printing, arising from any Goods or Services, work completed, or invoices issued in accordance with a Quotation, must be made in writing within thirty (30) days of receipt of the Goods/Services or within thirty (30) days of receiving notice that the Goods or Services are available for collection which is earlier.
5.1 The risk in the Goods and/or Services passes to the Customer at the time of delivery if Chromacode Printing delivers the Goods and/or Services to the Customer’s premises or the Customer collects the Goods and/or Services from Chromacode Printing’s premises. If the Goods and/or Services are not collected or delivered within 7 days of Chromacode Printing notifying the Customer that the Goods and/or Services are ready for collection, risk passes on this date.
5.2 The risk of damage to or destruction of any item delivered by Chromacode Printing to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.
5.3 Chromacode Printing shall not be liable for insurance, freight or loss or damage to Goods and/or Services in transit incurred in delivery or which have been left at Chromacode Printing’s premises.
5.4 Chromacode Printing has no obligation to insure any property of the Customer in Chromacode Printing’s possession.
5.5 If a Customer leaves property in Chromacode Printing’s possession for more than 12 months, Chromacode Printing may dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
6.1 All rights, title and interest in all goods detailed herein shall remain the property of Chromacode Printing Pty Ltd until the Amount owing has been paid in full.
6.2 Ownership of and title to the Goods and/or Services contained in any Project delivered to the Customer under any contract between Chromacode Printing and the Customer, shall not pass to the Customer until payment in full of all Invoices and outstanding sums due to Chromacode Printing under such contract has been made to Chromacode Printing.
6.3 Until the Goods and/or Services have been paid for in full and title has passed to the Customer, the Customer must not:
6.3.1 either sell or use the Goods and/or Services as prepared by Chromacode Printing; or
6.3.2 sell, assign, charge or otherwise encumber or grant any interest over any debts and other obligations which any third party may owe to the Customer as a result of the use, manufacture or resale of the Goods and/or Services.
6.4 The Customer acknowledges and agrees that these Terms and Conditions, and any further contract between the Customer and Chromacode Printing, may cause a security interest to be created in all present and after acquired goods or services under the Personal Properties Securities Act 2010.
6.5 In any security interest created under condition 6.4, Chromacode Printing is a secured party in relation to the Good and/or Services and any proceeds of the Goods and/d or Services, and shall be entitled to register its security interest on the Personal Properties Securities Register.
6.6 The Customer agrees to:
6.6.1 take all reasonable steps requested by Chromacode Printing to ensure its security interest in the Goods and/or Services and the proceeds is enforceable, and to perfect, or better secure the position of Chromacode Printing;
6.6.2 reimburse Chromacode Printing for all expenses incurred in registering a financing statement or financing charge statement on the Personal Property Security Register;
6.6.3 give Chromacode Printing not less than 14 days’ prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details.
6.7 The Customer waives any rights to receive any verification statement or other notice required to be issued under the Personal Properties Securities Act 2010.
7.1 If an Invoice is not paid when due, Chromacode Printing may cease any further work on a Project until all outstanding Invoices have been paid.
7.2 Chromacode Printing may at its option charge interest on amounts not paid when due:
7.2.1 Such interest is to be calculated on a daily basis from the date any such amount should have been paid until the date of payment;
7.2.2 Such interest will be payable at a rate equal to that charged by Chromacode Printing’s chosen financial institutiton on overdrafts not exceeding $100,000; and
7.2.3 Such charge represents Chromacode Printing’s genuine assessment of the liquidated damages which Chromacode Printing will suffer as a result of the Customer’s delay in making payment.
7.3 The Customer must pay to Chromacode Printing any costs, expenses or losses incurred by Chromacode Printing as a result of the Customer’s failure to pay Chromacode Printing all sums outstanding when they fall due, (including without limitation all debt collection and legal costs, on an indemnity basis) which are incurred by Chromacode Printing in recovering monies due by the Customer to Chromacode Printing.
8.1 Chromacode Printing shall notify the Customer when the Goods and/or Services are ready for collection.
8.2 The Customer must collect the Goods and/or Services from Chromacode Printing’s premises upon being notified by Chromacode Printing that the Goods and/or Services are ready for collection. If Chromacode Printing agrees to deliver the Goods and/or Services, the Customer shall bear all freight and charges of such delivery.
9.1 Except as provided herein or under the Australian Consumer Law, Chromacode Printing shall not be liable to the Customer in contract or tort for any loss or damage or for consequential loss or damage of any kind (including but not limited to increased costs or expenses, any loss of profit, revenue, business, contracts or anticipated savings, any loss or expenses resulting from a claim by a third party or any other special, indirect or consequential loss or damage of any nature whatsoever) arising out of the supply of the Goods and/or Services, or arising out of Chromacode Printing’s negligence, or caused by Chromacode Printing’s failure to complete or delay in completing the Project or to deliver Goods and/or Services or in any way whatsoever.
9.2 Except as otherwise provided in the Australian Consumer Law, any advice, recommendation, information, assistance or service given by Chromacode Printing in relation to the Goods and/or Services provided by Chromacode Printing or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability. Chromacode Printing does not accept any liability or responsibility for any loss suffered as a result of the Customer’s reliance on such advice, recommendation, information, assistance or service.
9.3 Chromacode Printing acknowledges liability for the guarantees in relation to the supply of Goods and/or Services prescribed by the Australian Consumer Law provided that to the extent permitted by the Australian Consumer Law, the liability for any failure to comply with such guarantees is hereby limited to:
9.3.1 In the case of Goods, any one or more of the following:
(a) The replacement cost of the Goods or the supply of equivalent goods; or
(b) The repair or cost of the repair (if applicable) of the Goods.
9.3.2 In the case of Services:
(a) The supplying of the Services again (to rectify any breach); or
(b) The payment of the cost of having the Services supplied again.
9.4 Except as otherwise provided in the Australian Consumer Law, Chromacode Printing will not be liable to the Customer for loss, howsoever caused, of any Customer property supplied to Chromacode Printing or for any damage, loss or destruction of any Customer property unless the loss or damage has been caused by the failure of Chromacode Printing to exercise due care and skill in handling or storing such property (this includes the storage of data on disks, tapes, compact disks or other media supplied by the Customer.)
9.5 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Chromacode Printing are expressly excluded (unless such warranties cannot at law be excluded).
10.1 If the Customer, under these Terms and Conditions or a contract with Chromacode Printing, the Customer is responsible for supplying any materials required to complete a Project, the Customer warrants that they shall supply sufficient materials to allow as specified by Chromacode Printing to complete the Project.
10.2 Chromacode Printing will begin the project on the basis that the Customer has provided the specific materials without counting or checking the condition of the materials. If the Customer requires Chromacode Printing to verify or confirm that the materials supplied are sufficient for the Project, Chromacode Printing reserves the right to charge a reasonable rate to check or verify the materials.
10.3 Chromacode Printing will not be responsible for any defects in the Goods, which are caused by defects in or the unsuitability of materials supplied by the Customer.
11.1 Copyright in all work produced by Chromacode Printing shall remain the property of Chromacode Printing unless otherwise agreed in writing.
11.2 Chromacode Printing, in its absolute discretion, reserves the right to deny or reject a contract for the production or supply of a Good or Service that will be used for unlawful or unethical purposes (including copyrighted material, or production of content that is objectionable, threatening, obscene or pornographic).
11.3 The Customer warrants to Chromacode Printing that the Customer has ownership and title of any material supplied, or a license to authorise Chromacode Printing to reproduce all materials supplied by the Customer to Chromacode Printing for the purpose of the Project. The Customer expressly authorises Chromacode Printing to reproduce all and any of such works for the purposes of the Project.
11.4 The Customer warrants it has the right to use applicable trademarks which may be incorporated in any Project.
11.5 The Customer indemnifies and agrees to keep Chromacode Printing indemnified against all liability, losses or expenses incurred by Chromacode Printing in any way directly or indirectly connected with any breach of copyright and trademarks or any third party in relation to any materials supplied by the Customer for the purpose of the Project.
11.6 Conditional upon receipt of payment in full for the work performed by Chromacode Printing, Chromacode Printing grants to the Customer a non-exclusive and enduring license to use Chromacode Printing’s copyright in works created by Chromacode Printing for the purposes of the Project only, but for no other purposes.
12.1 The Customer must keep confidential and must not (without Chromacode Printing’s written consent) use any ideas, systems or processes, intellectual property communicated or made available by Chromacode Printing to the Customer.
12.2 Similarly Chromacode Printing agrees to maintain the confidentiality of the Customer in all confidential materials, confidential information or private information supplied by the Customer to Chromacode Printing for the purpose of the Project.
13.1 Final proofs will be presented by Chromacode Printing to the Customer for approval prior to Completion of work which forms part of the Project.
13.2 When the Customer executes Chromacode Printing’s proof approval document, the Customer is assumed by Chromacode Printing to have reviewed all aspects of the material presented and to be satisfied with it and to have noted any exceptions in writing.
13.3 If Chromacode Printing has submitted to the Customer a proof of the work, Chromacode Printing will not be responsible for any error in the work which appeared in the proof and which was not corrected by the Customer before the Project was completed. The cost of additions or alterations to any proof submitted to a Customer will be added to the price.
14.1 These Terms and Conditions may be amended at any time without notice to the Customer. The Terms and Conditions which apply to any Proposal will be those current at the date of the Quotation and/or Proposal.
15.1 Any provisions in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
Chromacode acknowledges the Larrakia people as the Traditional Owners of the land on which we live and work. We recognise and value their continuing connection to lands, waters and communities, and pay our deepest respects to Larrakia Elders, both past and present. As an organisation, we are committed to improving the social and emotional wellbeing of Aboriginal and Torres Strait Islander peoples, providing support that is culturally safe, inclusive and welcoming.
2025, All rights Reserved by Chromacode.